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ESM207Final
Important cases and facts about major environmental laws for studying for the Bren School's Environmental Law class.
16
Environmental Studies
Graduate
05/19/2019

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Cards

Term
Driver of Environmental Conflict: Scientific Uncertainty
Definition
Not being able to say with 100% certainty the state of an environmental good (exp: the state of the fishery in the Estai case). Unsure how a policy intervention might actually work on the environment. How do we manage the precautionary principle?
Term
Driver of Environmental Conflict: Misaligned Economic Incentives
Definition
There are going to be people whom the policy helps and people whom the policy hurts. Tragedy of the commons
Term
Driver of Environmental Conflict: Monitoring and Enforcement
Definition
Without a method of monitoring, there will be no compliance. In the example of the Estai, the lowest common denominator problem occurs because some states have limited ability to enforce law on the sea.
Term
Driver of Environmental Conflict: Limitations of the Law
Definition
Some problems are outside of the control of the law. For example, international issues are often outside of any legal authority. As a result, they are tried in the court of global public opinion. Some laws like the CAA and the CWA have goals that are probably outside the realistic enforcement but are put in place for aspiration purposes.
Term
Driver of Environmental Conflict: Subsidiarity/Federalism
Definition
The tensions between which level of government is enforcing and making rules. The classic tension is that republicans want greater federalism and democrats want nationalism decisions for the environment.
Term
Driver of Environmental Conflict: Complexity
Definition
Most environmental problems have many causes. This can make it hard for laws to build on eachother.
Term
Why do Deep Ecologists protect the environment?
Definition
Deep ecologists protect the environment because of a deep sense that they are part of something bigger in the natural world. As a result, all natural things have an intrinsic right to exist.
Term
What does the Genesis philosophy say about environmental protection?
Definition
Humans are created in the image of god and therefore should have dominion over all animals/plants/etc. Human habitats are more important than any other animal habitats. Doesn't mean there should be no environmental protection, just there is no inherent right of the environment that would supersede humanity's.
Term
What is Baxtor's philosophy for environmental protection?
Definition
Baxtor places all environmental goods in terms of human's importance on them. For example, DDT shouldn't be stopped just because it kills penguins. DDT should be stopped because humans would be sad if penguins went away. By following this, most of the environment's critical functions will be preserved and no other system is practical.
Term
What is the guns/butter curve and what does it imply about government spending?
Definition
The guns/butter curve puts all countries on an indifference curve where some countries spend almost all their money on butter (Montenegro) and guns (North Korea). This shows that spending is political and not based on science. Similar to the issue where the most money in environmentalism gets spent on some of the lower environmental threats.
Term
Tragedy of the commons solution: Prescription
Definition
Resource extraction as a whole is capped. Nobody is allowed to extract above.
Term
Tragedy of the commons solution: Property Rigths
Definition
Split the commons up into individual chunks that can be sold (ie, grazing days).
Term
Tragedy of the commons solution: Payments
Definition
Pay people not to graze at all.
Term
Tragedy of the commons solution: Penalty
Definition
You have to pay in order to graze at all ($5/ft)
Term
Tragedy of the commons solution: Persuasion
Definition
Educate shepherds on grazing sustainability.
Term
What needs to be shown to win a common law nuisance suit?
Definition
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